R.Kumar, v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Special Original Jurisdiction ) Friday, the Second day of March Two Thousand Eighteen PRESENT THE HON`BLE MR JUSTICE SATRUGHANA PUJAHARI WMP No.19231 of 2017 in WP.No.35708 of 2016 R.KUMAR, [ PETITIONER ] Vs 1 THE CHAIRMAN [ RESPONDENTS ] PALLAVAN GRAMA BANK, HEAD OFFICE, NO.6, YERCAUD ROAD, HASTHAMPATTI, SALEM-636 007.
2 THE PRESIDING OFFICER CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL -CUM- LABOUR COURT, FIRST FLOOR B WING, 26, HADDOWS ROAD, SHASTRI BHAVAN, CHENNAI-600 006, Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to Direct the 1st Respondent / Writ Petitioner Bank to pay to the Petitioner / 2nd Respondent his last drawn salary of Rs.19,750/- per month every month from the date of the Award passed by the Central Govt. Industrial Tribunal cum Labour Court, Chennai in I.D. No.91/2011 dated 14.02.2014 onwards or from the date of filing of the above Writ Petition till its disposal (in WMP.No.19231/2017)pending disposal of the above WP.No.35708/2016.
Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.K.M.RAMESH, Advocate for the petitioner and of M/S.L.SRIDHAR, for M/S.L.JAYAKUMAR & ASSOCIATES, for the 2nd respondent the court made the following order:- Heard the counsel for the petitioner in Writ miscellaneous petition who is the Workman/2nd respondent in the writ petition, so also learned counsel for the writ petitioner/Management.
2. Section 17 B of the Industrial Disputes Act, mandates that wherein any case, a Labour Court, Tribunal or National Tribunal by its award directs reinstatement of any workman and the employer prefers any proceedings against such award in a High Court or the Supreme Court, the employer shall be liable to pay such workman, during the period of pendency of such proceedings in the High Court or the Supreme Court, full wages drawn by him, inclusive of any maintenance allowance admissible to him under any rule if the workman had not been employed in any establishment during such period and an affidavit by such workman has been filed to that effect in such Court. However, if it is proved to the satisfaction of the High Court or the Supreme Court that such workman had been employed and had been receiving adequate remuneration during any such period or part thereof, the Court shall order that no wages shall be payable under this Section for such period or part, as the case may be.
3. The workman has filed the affidavit in this regard indicating that he is not employed and not receiving adequate remuneration. It has also been in many cases held that such last drawn back wages can be directed to be paid from the date of the award. The aforesaid fact is not disputed/ controverted by the Management and it is also an admitted fact that the Management has not reinstated the workman.
4. In such premises, this Court directs the Management / writ petitioner to pay the petitioner the last wages drawn by him from the date of award i.e., 14.02.2014 till the end of February 2018, within a period of two months from the date of receipt of a copy of this order, by depositing the said amount in the workman/2nd respondent's account to be furnished by him and go on paying the wages from the month of march 2018 onwards at the aforesaid rate, by 10th of every succeeding English calender month.
5. With the aforesaid direction, the writ miscellaneous petition stands disposed of.
-sd/- 02/03/2018 / TRUE COPY / Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
TO 1 THE CHAIRMAN PALLAVAN GRAMA BANK, HEAD OFFICE, NO.6, YERCAUD ROAD, HASTHAMPATTI, SALEM-636 007.
2 THE PRESIDING OFFICER CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL -CUMLABOUR COURT, FIRST FLOOR B WING, 26, HADDOWS ROAD, SHASTRI BHAVAN, CHENNAI-600 006, C.C. to M/S.K.M.RAMESH Advocate Sr.No.2594 C.C. to M/S.L.JAYAKUMAR & ASSOCIATES, Sr.No.2664 Order in WMP.19231/2017 in WP.35708/2016 Date :02/03/2018 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format KP(19/03/2018)